California drought: Water-payment rules largely ignored

Rice plants usually sit in 4 inches of water, which flows from canals into ditches like this one in Richvale (Butte County).

Rice plants usually sit in 4 inches of water, which flows from canals into ditches like this one in Richvale (Butte County).

Photo: Jae C. Hong, Associated Press

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Due to the ongoing drought, receding waters at the Almaden Reservoir have revealed a car that was illegally dumped years ago and is now stuck in the lake bed, in San Jose.

Due to the ongoing drought, receding waters at the Almaden Reservoir have revealed a car that was illegally dumped years ago and is now stuck in the lake bed, in San Jose.

Photo: Michael Short, The Chronicle

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Karen Ross (left), Secretary of Department of Food and Agriculture stands next to a chart comparing photos from January 13, 2013 and January 13, 2014 showing snow depth in the Sierras during a press conference in which California Governor Jerry Brown declared a drought State of Emergency on Friday, January 17, 2014 in San Francisco. less

Karen Ross (left), Secretary of Department of Food and Agriculture stands next to a chart comparing photos from January 13, 2013 and January 13, 2014 showing snow depth in the Sierras during a press conference ... more

Photo: Lea Suzuki, The Chronicle

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Visitors to Folsom Lake, can view some of the remains of structures of the old gold rush town of Mormon Island, in background, near Folsom, Calif., Thursday, Jan. 9, 2014. Gov. Jerry Brown said he would meet Thursday with his recently formed drought task force to determine if an emergency declaration is necessary as California faces a serious water shortage. Reservoirs in the state have dipped to historic lows after one of the driest calendar years on record less

Visitors to Folsom Lake, can view some of the remains of structures of the old gold rush town of Mormon Island, in background, near Folsom, Calif., Thursday, Jan. 9, 2014. Gov. Jerry Brown said he would meet ... more

Photo: Rich Pedroncelli, Associated Press

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Frank Gehrke, chief of snow surveys for the California Department of Water Resources, right, and DWR intern Angelique Fabbiani-Leon measure snow levels near Echo Summit, Calif., on Friday, Jan. 3, 2014. The readings Friday showed the water content in the statewide snowpack at just 20 percent of average for this time of year. less

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Photo: Michael Short, The Chronicle

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Castle Peak, 9,103 feet is located directly across from Boreal Mountain Resort on I-80 near Donner Pass. It usually is covered with snow at this time of the year.

Castle Peak, 9,103 feet is located directly across from Boreal Mountain Resort on I-80 near Donner Pass. It usually is covered with snow at this time of the year.

Photo: Tom Stienstra, The Chronicle

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A home burns in Glendora, Calif., as the Colby fire burns on Thursday, Jan. 16, 2014.

A home burns in Glendora, Calif., as the Colby fire burns on Thursday, Jan. 16, 2014.

Photo: Robert Gauthier, McClatchy-Tribune News Service

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Shah Ahmed, center, and others pray during a special prayer for rain at the Salam Islamic Center in Sacramento, Calif., Friday, Jan. 10, 2014. Local mosques offered a prayer for rain to help relieve the ongoing drought that is impacting area residents and agriculture. less

Shah Ahmed, center, and others pray during a special prayer for rain at the Salam Islamic Center in Sacramento, Calif., Friday, Jan. 10, 2014. Local mosques offered a prayer for rain to help relieve the ongoing ... more

Photo: Randall Benton, Associated Press

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Young salmon wait to be released into Battle Creek at the Coleman Fish Hatchery in Anderson, Calif., on Monday, Jan. 13, 2014. The hatchery delayed releasing the salmon in December because of the ongoing drought, but changes in the fish's physiology means the fish need to head to the ocean immediately. less

Young salmon wait to be released into Battle Creek at the Coleman Fish Hatchery in Anderson, Calif., on Monday, Jan. 13, 2014. The hatchery delayed releasing the salmon in December because of the ongoing ... more

Photo: Andreas Fuhrmann, Associated Press

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The floating fishing pier at Quarry Lakes Regional Park is closed due to low water levels caused by the ongoing drought and construction drainage, in Fremont, CA, Thursday, January 16, 2014.

The floating fishing pier at Quarry Lakes Regional Park is closed due to low water levels caused by the ongoing drought and construction drainage, in Fremont, CA, Thursday, January 16, 2014.

Thomas McKenzie of Bella Vista, Calif., loads wheat hay and rice straw on Tuesday, Jan. 14, 2014, at Hawes Ranch and Farm Supply near Anderson, Calif. McKenzie is feeding six cows and says he usually has enough grass on his 5 acres at this time of the year and doesn't need to buy hay until early summer. But this year's drought means there is no grass for his cows to eat. He and other ranchers are purchasing more hay this year to feed herds that otherwise would graze on grass in the winter. less

Thomas McKenzie of Bella Vista, Calif., loads wheat hay and rice straw on Tuesday, Jan. 14, 2014, at Hawes Ranch and Farm Supply near Anderson, Calif. McKenzie is feeding six cows and says he usually has enough ... more

Photo: Andreas Fuhrmann, Associated Press

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Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Photo: Michael Short, The Chronicle

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Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Photo: Michael Short, The Chronicle

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Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Photo: Michael Short, The Chronicle

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Frank Gehrke, chief of snow surveys for the California Department of Water Resources, measures snow levels near Echo Summit, Calif., Friday, Jan. 3, 2014. The readings Friday showed the water content in the statewide snowpack at just 20 percent of average for this time of year. less

Frank Gehrke, chief of snow surveys for the California Department of Water Resources, measures snow levels near Echo Summit, Calif., Friday, Jan. 3, 2014. The readings Friday showed the water content in the ... more

Photo: Steve Yeater, Associated Press

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Frank Gehrke, chief of snow surveys for the California Department of Water Resources, left, leads his group out to measure snow levels near Echo Summit, Calif., on Friday, Jan. 3, 2014. The readings Friday showed the water content in the statewide snowpack at just 20 percent of average for this time of year. less

Frank Gehrke, chief of snow surveys for the California Department of Water Resources, left, leads his group out to measure snow levels near Echo Summit, Calif., on Friday, Jan. 3, 2014. The readings Friday ... more

Photo: Steve Yeater, Associated Press

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The floating fishing pier at Quarry Lakes Regional Park is closed due to low water levels caused by the ongoing drought and construction drainage, in Fremont, CA, Thursday, January 16, 2014.

The floating fishing pier at Quarry Lakes Regional Park is closed due to low water levels caused by the ongoing drought and construction drainage, in Fremont, CA, Thursday, January 16, 2014.

Photo: Michael Short, The Chronicle

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Some of scores of supporters and critics of a proposed $900 million desalination plant for Orange County, Calif., pack a meeting of the California Coastal Commission, in Huntington Beach, Calif., Wednesday, Nov. 13, 2013. The commission is considering a proposal by Boston-based Poseidon Water to build a facility in Huntington Beach to provide drought-prone and ever-growing Southern California suburbs with a new local source of 50 million gallons of drinking water a day. less

Some of scores of supporters and critics of a proposed $900 million desalination plant for Orange County, Calif., pack a meeting of the California Coastal Commission, in Huntington Beach, Calif., Wednesday, ... more

Photo: Amy Taxin, Associated Press

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The recent drought has led to Lake Shasta being unseasonably low this winter, as shown in this photo near Shasta Dam in Shasta County, Calif., on Tuesday, Dec. 31, 2013. The water is low enough to reveal a dismantled head tower used during construction of the dam in 1938. less

The recent drought has led to Lake Shasta being unseasonably low this winter, as shown in this photo near Shasta Dam in Shasta County, Calif., on Tuesday, Dec. 31, 2013. The water is low enough to reveal a ... more

Photo: Andreas Fuhrmann, Associated Press

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California Gov. Jerry Brown holds a chart showing statewide average precipitation as he speaks during a news conference on January 17, 2014 in San Francisco, California. Gov. Brown declared a drought state of emergency for California as the state faces water shortfalls in what is expected to be the driest year in state history. Residents are being asked to voluntarily reduce water usage by 20%. less

California Gov. Jerry Brown holds a chart showing statewide average precipitation as he speaks during a news conference on January 17, 2014 in San Francisco, California. Gov. Brown declared a drought state of ... more

Photo: Justin Sullivan, Getty Images

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Patrick Willis, 29, cleans the rearview mirror of a Toyota Highlander January 9, 2014 in One California Building Garage in downtown San Francisco, Calif. Svet Pavlov started the car washing business, Waterless Touch, in 2011 and now co-owns it with Patrick Willis. All of the products the company use are bio-degradable and organic and no water is used during the cleaning process. The main cleaning solution is a mixture they make themselves made from seaweed, soybeans and corn extracts. One bottle lasts for up to six cars. Since no water is needed, they are able to come to people's homes, work out of business and public garages. There are no water advisories in San Francisco, but this company gets half its business from Marin County residents, where voluntary water restrictions have been enacted because of the drought. less

Patrick Willis, 29, cleans the rearview mirror of a Toyota Highlander January 9, 2014 in One California Building Garage in downtown San Francisco, Calif. Svet Pavlov started the car washing business, Waterless ... more

Photo: Leah Millis, The Chronicle

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File-This Monday, Dec. 16, 2013 downtown Los Angeles is seen in the distance through dry brush at Griffith park on Monday, Dec 16, 2013. Many cities in California closed out 2013 as the driest year since record-keeping began more than a century ago. less

File-This Monday, Dec. 16, 2013 downtown Los Angeles is seen in the distance through dry brush at Griffith park on Monday, Dec 16, 2013. Many cities in California closed out 2013 as the driest year since ... more

Photo: Nick Ut, Associated Press

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A rope with buoys is seen dangling above the water that has receded from the ongoing drought and construction drainage at Quarry Lakes Regional Park in Fremont, CA, Thursday, January 16, 2014.

A rope with buoys is seen dangling above the water that has receded from the ongoing drought and construction drainage at Quarry Lakes Regional Park in Fremont, CA, Thursday, January 16, 2014.

Photo: Michael Short, The Chronicle

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A floating fishing pier and it's pole show evidence of how far the water has dropped from drought and construction drainage at Quarry Lakes Regional Park in Fremont, CA, Thursday, January 16, 2014.

A floating fishing pier and it's pole show evidence of how far the water has dropped from drought and construction drainage at Quarry Lakes Regional Park in Fremont, CA, Thursday, January 16, 2014.

Photo: Michael Short, The Chronicle

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Due to the ongoing drought, receding waters at the Almaden Reservoir have revealed a car that was illegally dumped years ago and is now stuck in the lake bed, in San Jose, CA, Thursday, January 16, 2014.

Due to the ongoing drought, receding waters at the Almaden Reservoir have revealed a car that was illegally dumped years ago and is now stuck in the lake bed, in San Jose, CA, Thursday, January 16, 2014.

Photo: Michael Short / The Chronicle

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Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Brown hills which are usually covered in lush green grasses, sit water starved due to California's ongoing drought at Briones Regional Park in Lafayette, CA, Wednesday, January 15, 2014.

Photo: Michael Short, The Chronicle

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With the edge of Folsom Lake, Calif., more than 100 yards away, Gina, 8, left, and Sydney, 9, Gerety walk on rocks that are usually at the waters edge, Thursday Jan. 9, 2014.

With the edge of Folsom Lake, Calif., more than 100 yards away, Gina, 8, left, and Sydney, 9, Gerety walk on rocks that are usually at the waters edge, Thursday Jan. 9, 2014.

Photo: Rich Pedroncelli, Associated Press

California drought: Water-payment rules largely ignored

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The last time California endured a drought, legislators set their sights on the state's biggest water users: farmers.

The state designed laws to push agricultural water districts to track their water flow and make the largest districts charge farmers based on how much they use. The economic theory was simple: If you aren't paying for how much you actually use, you have little incentive to consume less.

But those rules are widely being ignored amid one of the state's most severe droughts on record.

All but the smallest agricultural water districts were required to track and report to the state how much water they deliver to customers as the result of a 2007 law. Only 20 percent - 48 of 242 districts - have filed those reports, according to California Department of Water Resources data. They were due 10 months ago.

Not keeping track

Under a 2009 law, the 55 largest agricultural water districts also are required to more precisely measure how much water each farmer is using. They're then required to charge farmers - at least in part - on that basis.

The state doesn't know how many suppliers are meeting this requirement or are even taking steps to do so, because almost half of them have failed to turn in the relevant reports, records show.

Charging for water based on use had been common in some agricultural areas where water is scarce, like the San Joaquin Valley. But now, it's mandatory for large districts throughout California. These water-management plans, which spell out how the districts will make the changes, were due at the end of 2012. Districts face few consequences for failing to comply.

By contrast, most residential water customers in California, whose use is metered, have long seen how much water they use reflected in the bills they receive.

"Throughout the state, people should be paying for water based on how much they use, and that will drive conservation," said Peter Brostrom, program manager of water-use efficiency for the Department of Water Resources.

Agriculture, which accounts for 80 percent of the water used in the state, has greeted the new rules with skepticism and indifference.

The Tulelake Irrigation District in Siskiyou and Modoc counties near the Oregon border is not following the new rules. Earl Danosky, the district's manager, said he has no plans to charge farmers for how much water they use individually. The district currently charges a flat per-acre fee once a year.

Already frugal

"I don't believe it would save one drop of water," Danosky said. He said he believes that out of necessity, farmers in his area are already careful with water. "Too much water will damage the crop," he said.

Danosky said he didn't realize he was supposed to be turning in the reports to the state. The district serves hundreds of family farms, which grow potatoes, onions, alfalfa and mint.

Down in the Sacramento Valley, Reclamation District 108 is on track to meet the state's new requirements. Still, farmers there doubt the changes will inspire much conservation.

"It's a one size fits all for the state, and for us, it didn't fit," said Fritz Durst, the district's board president, who grows rice, sunflowers, alfalfa and corn. "There's probably areas where it would give people incentives to use less water, but with the way we manage our water here, there is no benefit."

Rice-field runoff

Water flows from the district's system of canals and into ditches next to farmers' fields, where it is used for irrigation. Rice especially relies on a lot of water. Growers flood the fields, allowing plants to sit in 4 inches of water. Water that drains off the fields is reused on other fields, accounting for about 40 percent of the total water the district delivers.

Local farmers voted to install a $2 million system to measure how much water comes out of these canals. Now, changing the district's pricing to meet the regulations will require another vote. District officials hope to have the new pricing in place by the start of irrigation in spring 2016.

Districts' failure to comply with the requirements troubles environmentalists who promote conservation as one tool for taking on the state's water woes.

"Unless these districts start taking this seriously, it's going to be their customers that suffer," said Claire O'Connor, agricultural water policy analyst for the Natural Resources Defense Council.

No penalties

The Department of Water Resources has had to rely on letters and workshops to try to cajole districts into complying. There's no penalty for agricultural districts that don't report how much water they're delivering to farms.

Large districts that haven't submitted their water-management plans have lost access to $472 million in state grants to encourage conservation and improve water management. But once they turn in their plans, they are eligible for funds again.

That money could be used to help farmers in their districts install more efficient irrigation systems, for instance.

This story was produced by the Center for Investigative Reporting, an award-winning nonprofit news organization in the Bay Area. For more, visit cironline.org. E-mail: kmieszkowski@cironline.org